HomeMy WebLinkAboutR. Public HearingsBOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15
2010
Division: Budget
& Finance
Bulk Item: Yes _ No
X
Department:
OMB
Staff Contact Person/Phone #: Penny Kipp X4470
AGENDA ITEM WORDING: A Public Hearing to consider approval of a resolution for a Budget
Amendment of Fiscal Year 2011 Impact Fees- Fire and EMS Fund135.
ITEM BACKGROUND: To align the budget in Fund 135 with revenues and expenditures in order to
complete the fire hydrant project in Districts 1, 3, and Key Colony Beach. The project was scheduled
to be completed by the end of FY2010 but with delays the project has been pushed into FY2011.
PREVIOUS RELEVANT BOCC ACTION: At last month's BOCC meeting, the Board approved to
advertise a public hearing for a budget amendment for Fund 135 Impact Fees -Fire and EMS. On
September 17, 2010, the BOCC adopted the FY2011 Operating and Capital Budgets. The BOCC, on
July 21, 2010 approved to spend District 1, District 3 and District KCB impact fees to install 23 fire
hydrants at strategic locations in the areas of unincorporated Monroe County and issue a Purchase
Order to J.A. LaRocco Enterprises, Inc. for the same.
CONTRACT /AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes X No
COST TO COUNTY: N/A SOURCE OF FUNDS: Fund 135 Fund Balance
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty /Purchasing
DOCUMENTATION: Included X Not Required
DISPOSITION:
Risk Management
AGENDA ITEM #
Revised 2/27/01
Resolution No. -2010
A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS
WHEREAS, it is necessary to conduct a public hearing as required by section 129.03, Florida Statutes, to amend the following: Impact Fees Fire
and EMS Fund 135, for the fiscal year beginning October 1, 2010 and ending September 30, 2011, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that a Public Hearing
was conducted on December 15, 2010, at 3:00 P.M. to Impact Fees -Fire and EMS Fund 135 budget and to adopted the amended
budget as follows:
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon the above, is hereby authorized
and directed to make necessary changes of said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board
on the 15th day of December, AD 2010.
Mayor Carruthers
Mayor Pro Tern Rice
Commissioner Wigington
Commissioner Neugent
Commissioner Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By:
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Bdgt Amendment Reso Fund 135
Impact Fees Fire and EMS - Fund 135
Current
Inc. /(Dec.)
Revised
Revenues:
Budget
Budget
135- 324111SS
Misc Impact Fee- Fire/EMS Dist 1
$4,500.00
$0.00
$4,500.00
135- 324113SS
Misc Impact Fee -Fire /EMS Dist 3
$3,500.00
$0.00
$3,500.00
135- 361001GI
Misc- Interest - District 1
$200.00
$0.00
$200.00
135- 361003GI
Misc- Interest- District 3
$400.00
$0.00
$400.00
135- 361004GI
Misc- Interest -Key Colony Beach
$100.00
$0.00
$100.00
135 - 389001
Less 5% FL Statute
- $435.00
$0.00
- $435.00
135- 389003
Fund Bal Forward- Dist 3
$68,269.00
$34,519.00
$102,788.00
135- 389004
Fund Bal Fwd -Key Colony Beach
$13,507.00
$6,402.00
$19,909.00
135- 389005
Fund Bal Forward- Dist 1
$31,060.00
$35,325.00
$66,385.00
135- 389007
Fund Bal Forward- Dist 2
$6,320.00
$19.00
$6,339.00
Total
$127,421.00
$76,265.00
$203,686.00
Appropriations:
135 31501
560630
Dist I Fire & EMS Project
$0.00
$1,025.00
$1,025.00
135 31502
560630
Dist 2 Fire & EMS Project
$6,320.00
$19.00
$6,339.00
135 31503
560630
Dist 3 Fire & EMS Project
$0.00
$8,493.00
$8,493.00
135 31504
560630
Dist KCB Fire & EMS Project
$0.00
$4,054.00
$4,054.00
135 31506
530340
Fire Hydrants Dist 1
$35,525.00
$34,300.00
$69,825.00
135 31507
530340
Fire Hydrants Dist 3
$71,974.00
$26,026.00
$98,000.00
135 31510
530340
Dist KCB Fire Hydrants
$13,602.00
$2,348.00
$15,950.00
Total
$127,421.00
$76,265.00
$203,686.00
$0.00
$0.00
$0.00
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon the above, is hereby authorized
and directed to make necessary changes of said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board
on the 15th day of December, AD 2010.
Mayor Carruthers
Mayor Pro Tern Rice
Commissioner Wigington
Commissioner Neugent
Commissioner Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By:
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Bdgt Amendment Reso Fund 135
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* 3:00 P.M. PUBLIC HEARING *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15, 2010 (Marathon) Division: _County Attorney
Bulk Item: Yes X No _ Department:
Staff Contact Person/Phone #: Suzanne Hutton
AGENDA ITEM WORDING: A public hearing to consider an ordinance creating Monroe County
Code Section 2 -60, providing for non - interference in procurement and hiring practices; providing for
board of county commissioners to set policies and procedures in areas where changes are deemed to be
needed.
ITEM BACKGROUND: At a recent Florida Association of Counties meeting, a commissioner from
another county spoke about the effectiveness of a county ordinance prohibiting commissioners from
meddling in procurement or hiring actions during, and contrary to, the process already established for
such matters. This measure is expected to add a level of assurance to the public that commissioners
will work as part of the collegial body to which they were elected and conduct their work in the public
view, making policy changes through the democratic process, that other officials and employees will
also follow the policies established by the commission, and avoid the occasional appearance of
providing special favors. After the draft ordinance is back -up info re similar provisions of other
jurisdictions.
PREVIOUS RELEVANT BOCC ACTION: During the November 17, 2010 discussion of the item
leading to approval to advertise, the BOCC directed that language re general administration be deleted.
The revised ordinance provided here removed the subsection (a) of the version discussed on Nov. 17,
and re- arranged the remaining two subsections.
CONTRACT /AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: -0- INDIRECT COST: BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM #
Revised 1/09
Commissioner Carruthers
ORDINANCE NO. — 2010
AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 2,
PROVIDING FOR NON - INTERFERENCE IN PROCUREMENT AND
HIRING PRACTICES; PROVIDING FOR BOARD OF COUNTY
COMMISSIONERS TO SET POLICIES AND PROCEDURES IN AREAS
WHERE CHANGES ARE DEEMED TO BE NEEDED; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County has adopted the
county administration law as set forth in Section 125.70, et. seq., Florida Statutes; and
WHEREAS, Section 2 -58, Monroe County Code, sets forth matters in which the board has
determined that none of its discretionary authority is exercised by the county administrator; and
WHEREAS, the board has further adopted many ordinances and resolutions governing the
day -to -day operations of county government; and
WHEREAS, it is deemed in the interest of the public that additional measures be adopted to
prevent an abuse of discretionary authority by individual officials and employees in matters of
procurement and hiring;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Section 2 -60, Monroe County Code is hereby created to read:
Section 2 -60. Non - interference.
(a) No official or employee shall directly or indirectly coerce or attempt to coerce, direct, or
otherwise interfere in a procurement or personnel matter. If the official or employee is a
member of an evaluating body, that person may participate in the process to the same degree
as all other members of that body.
(b) Nothing in this section may be construed to prohibit individual members of the board
from asking questions of any employee and making personal observations regarding all
aspects of county government operations so as to obtain independent information to assist
the members in the formulation of policies to be considered by the commission. It is the
express intent of this section, however, that such inquiry not interfere directly with the
administrative operations of the County and that recommendations for change or
improvement in county administrative operations be made through policies and procedures
adopted by the board.
SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a court
of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as
whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any
provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this
Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe,
Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to
the uniform numbering system of the code.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting of said Board held on the day of , 2010.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Mario Di Gennaro
Commissioner George Neugent
Commissioner Kim Wigington
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor /Chairperson
BACK -UP INFO: During the day or two prior to the last meeting there was an influx of
emails from various county attorneys regarding whether their county had a prohibition against
commissioners interfering with employees. Following are excerpts of info sent out or copies of
ordinances or charter provisions.
Charlotte County Charter Section 23C C. Noninterference with employees.
(1) Except for the purposes of inquiry and information, the members of the board of county
commissioners shall not interfere with the performance of the duties of any employee of the
county who is under the direct or indirect supervision of the county administrator.
(2) The board of county commissioners shall have the authority to enforce this subsection
against a county commissioner by a suit for injunctive relief in the circuit court. If an injunction
is granted against a commissioner, such commissioner shall be personally liable for all costs and
reasonable attorney's fees incurred by the board. If an injunction is not granted against the
commissioner, such commissioner shall be entitled to payment by County of all costs and
reasonable attorney's fees incurred in defending such action.
(3) In the event a commissioner against whom an injunction has been entered is subsequently
found to be in contempt of the injunction, such commissioner's seat shall be deemed vacant and
the vacancy shall be filled pursuant to the provisions of this home rule charter.
(4) Violation of subsection C(1), above, shall also constitute malfeasance in office for purposes
of recall under the provisions of this home rule charter.
Collier County: "No County Commissioner shall direct or request the appointment of any person
to, or his removal from, Office by the County Administrator or by any of his subordinates, or in
any manner take part in the appointment or removal of officers or employees in the
administrative services of the county except as provided by this article. Neither the Board, nor
any member thereof shall interfere in the performance of the duties of any subordinate of the
County Administrator, either publicly or privately, except for the purposes of inquiry and
information. A violation of the provisions of this section shall constitute malfeasance within the
meaning of Fla. Const. art. IV, § 7(a). A violation of this section shall also be a violation of this
division and shall be punishable by fine not to exceed $500.00 or by imprisonment in the county
jail not to exceed 60 days, or by both such fine and imprisonment, or as otherwise may be
provided by law. Notwithstanding any of the foregoing, the powers and duties of the County
Administrator herein deemed shall not be construed to limit the right of the Board to retain and
employ its own staff with such powers and duties as the Board may designate. This shall
specifically include the right to retain legal counsel who shall report directly to the Board and
who shall have sole responsibility for the management of the legal staff."
Indian River County's Code: Section 101.08. Board- employee relations. Except as provided in
section 101.03 and with regard to supervision of their commissioner assistant in accordance with
personnel rules of the county, neither the board nor any of its members shall in any manner
dictate the appointment or removal of any county employee nor shall the board or any of its
members give orders or directions to any county employee. The board or its members shall
proceed on all matters through the appropriate county officer. Nothing in this section shall
preclude a board member from communicating with a county employee for the purpose of
inquiry or information. (Ord. No. 90 -18, § 1, 9- 18 -90; Ord. No. 2007 -022, § 1, 6- 19 -07)
Leon County:
Code Sec. 2 -504. Non - interference.
The board hereby affirms that, except as otherwise provided herein, no county
commissioner shall direct, or otherwise interfere with the performance or duties of any employee
or official of the county who is subject to the direction and supervision of the county
administrator. The board further affirms that no county commissioner shall directly or indirectly
coerce or attempt to coerce, direct, or otherwise interfere with the county administrator, the
county attorney, any other county employee, or the property manager, with respect to any
existing or proposed real estate transaction in which Leon County is involved as either a buyer,
seller, lessee, lessor, or is otherwise involved as a party. As used in this section, "property
manager" shall mean the individual or entity retained by the Board of County Commissioners to
lease and manage any county -owned property.
(Ord. No. 03 -35, § 1, 10- 28 -03; Ord. No. 04 -06, § 1, 3- 23 -04)
Martin County: Don't waste your time looking for such an ordinance in the Martin County Code.
That's just SOP here.
Palm Beach County Charter:
Sec. 2.5 Noninterference Clause
Except for the purposes of inquiry and information, the members of the Board of County
Commissioners are expressly prohibited from interfering with the performance
of the duties of any employee who is under the direct or indirect supervision of the county
administrator. Such action shall be malfeasance within the meaning of Article IV,
Section 7(a) of the Florida Constitution.
(Ord. No. 86 -27, § 2, 8- 26 -86) Note: Ord. No. 86 -27, adopted Aug. 26, 1986, was
approved at an election held Nov. 4, 1986, to become effective Jan. 1, 1987.
Sarasota County Charter
2.1 OH Employee Supervision. Except for the purposes of inquiry and information, the
members of the Board of County Commissioners shall not interfere with the performance
of the duties of any employee of the County who is under the direct or indirect
supervision of the County Administrator. (Amended 9 -10 -2002)
St. John's County:
Section 6. COUNTY COMMISSIONERS WORKING RELATIONSHIPS TO
EMPLOYEES UNDER THE SUPERVISION OF THE COUNTY ADMINISTRATOR
Board instruction or directives to non -legal employees of County government under the
jurisdiction and control of the Board of County Commissioners shall be issued only through the
County Administrator. A County Commissioner shall not give orders or instructions, publicly or
privately, to any County official or employee who is subject to the direction and supervision of
the County Administrator. However, interaction, communication and observance will be
permitted so long as no direction is given. If a majority of the Board of County Commissioners
finds that a County Commissioner has violated this section, the Board may declare the violation
an act of misfeasance.
City of Key West Charter:
3.04 Duties of commission regarding administrative officers and employees.
(a) Neither the commission nor any of its members shall in any manner dictate the
appointment or removal of any city administrative officers or employees whom the
manager or any of his subordinates are empowered to appoint, except as provided in this
Charter, but the commission may express its views and fully and freely discuss with the
manager anything pertaining to appointment and removal of such officers and employees.
(b) Except for the purpose of inquiries and investigations, the commission or its
members shall deal with city officers and employees who are subject to the direction and
supervision of the manager solely through the manager and neither the commission nor
its members shall give orders to any such officer or employee, either publicly or
privately.
(c) Nothing in the foregoing is to be construed to prohibit individual members of the
commission from closely scrutinizing by questions and personal observation, all aspects
of city government operations so as to obtain independent information to assist the
members in the formulation of sound policies to be considered by the commission. It is
the express intent of this Charter, however, that recommendations for improvement in
city government operations by individual commissioners be made to and through the city
manager, so that the manager may coordinate efforts of all city departments to achieve
the greatest possible savings through the most efficient and sound means available.
(d) Any commissioner who shall violate the provisions of subsections (a) and (b) set
forth above is guilty of a misdemeanor of the first degree, to be tried by a court of
competent jurisdiction and punishable as provided by state law. Conviction under this
part shall be grounds for censure, suspension or removal of the commissioner violating
the provisions of this section by a majority vote of the remaining members of the city
commission.
* 3:00 P.M. Public Hearing *
BOARD OF COUNTY COM MSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15, 2010 - MAR Department: County Attomey
Bulk Item: Yes _ No _ Staff Contact Person: Christine Limbert- Barrows #3475
AGENDA ITEM WORDING:
A public hearing to consider adoption of an ordinance amending Sections 26 -1, 26 -96 and 26 -98 of the
Monroe County Code to expand the prohibition against diving or snorkeling in any manmade water
body or marina, or within 300 ft. of an improved residential or commercial shoreline, to include the 3
days prior to the start of mini - season and continuing through mini - season and for the first 5 days of
commercial lobster season
ITEM BACKGROUND:
In response to the volume of complaints from property owners and the ever- increasing public safety and
environmental issues resulting from the 2 -day spiny lobster mini - season, in 2003 the BOCC adopted
Ordinance No. 044 -2003 to prohibit diving/snorkeling in any manmade waterbody or marina or within
300 ft. of an improved residential or commercial shoreline during the entirety of the 2 -day mini- season
for spiny lobster. Still, each year there continues to be an increased detrimental impact on the
community, straining law enforcement and emergency services who must respond to the numerous
accidents, collisions and citizen complaints and increase their efforts to prevent or minimize
environmental damage to our fragile environment. The expansion of the prohibition period to include
the 3 days prior to the start of mini - season and continuing through mini - season and for the first 5 days
of commercial lobster season will extend the period of prevention and law enforcement efforts and
provide added relief to Keys residents and property owners.
PREVIOUS RELEVANT BOCC ACTION:
12/17/2003 Ordinance No. 044 -2003 prohibiting diving/snorkeling in any manmade waterbody or
marina or within 300 ft. of an improved residential or commercial shoreline during the entirety of the 2-
day sport season for spiny lobster
6/18/2003 Ordinance No. 020 -2003 further defining "navigable camp' and "man -made water body"
2/19/2003 Ordinance No. 003 -2003 Established "No Discharge Zone" (see Exhibit A - Map)
11/17/2010 BOCC approved advertising public hearing for 12/15/10 @ 3:00 p.m. in Marathon
CONTRACT /AGREEMENT CHANGES:
Sec. 26 -1 defines "commercial lobster season "; Sec. 26 -96 adds "and commercial lobster season ";
Sec. 26 -98 expands prohibition to include "beginning four days prior to the opening of and" "and
continuing until ten (10) days has elapsed after the opening of the commercial lobster season "
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: N/A INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
REVENUE PRODUCING: Yes No
BUDGETED: Yes No
SOURCE OF FUNDS:
- AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
MAYOR MURPHY
ORDINANCE NO. -2010
AN ORDINANCE BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTIONS 26 -1, 26 -96 AND 26 -98 OF THE
MONROE COUNTY CODE, FURTHER RESTRICTING
DIVING AND SNORKELING DURING LOBSTER MINI -
SEASON AND COMMERCIAL LOBSTER SEASON;
PROVIDING A DEFINITION FOR "COMMERCIAL
LOBSTER SEASON"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners finds that the increased diver and boat
traffic in navigable canals, and within 300 feet of marinas, improved residential and commercial
shorelines before and during the two -day lobster mini- season and beginning with the start of the
commercial lobster season presents heightened public safety problems not generally applicable at
other times of the year; and
WHEREAS, the Board of County Commissioners finds and declares these public safety
problems to constitute a public nuisance, detrimental to the community as a whole, due to the
level of policing and emergency services required to respond to accidents and collisions that
occur because of the close proximity of divers and vessel traffic in small areas; and
WHEREAS, the Board of County Commissioners finds that the extended prohibition of
diving and snorkeling preceding lobster mini -season ruining through commercial lobster season
does not intrude upon the Florida Fish and Wildlife Conservation Commission's jurisdiction over
the harvesting of spiny lobster and in fact furthers the Commissioner's stated intent of protecting
and conserving Florida's spiny lobster resources;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Section 26 -1, Monroe County Code is hereby amended to read as follows:
Sec. 26 -1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
0
MAYOR MURPHY
Combustion vessel exclusion zone means that no person shall operate a motorized
vessel (as defined in this section), by use of a combustion engine, or in some cases where
specifically established an electric motor, in any area spatially defined as "Combustion
Vessel Exclusion Zone" and that is so identified as a "Combustion Vessel Exclusion
Zone" by appropriate signage.
Commercial lobster season means the period of time designated for harvesting of
lobster, currently from August 6 through March 31 of the following_ year, authorized by
the Marine Fisheries Department of the Florida Fish and Wildlife Conservation
Commission pursuant to Section 68B- 24.005, Florida Administrative Code, as amended
from time to time.
Commercial vessel means:
(1) Any vessel primarily engaged in the taking or landing of saltwater fish or
saltwater products or freshwater fish or freshwater products, or any vessel
licensed pursuant to F.S. § 370.06 from which commercial quantities of saltwater
products are harvested, from within and without the waters of this state for sale
either to the consumer, retail dealer, or wholesale dealer; or
(2) Any other vessel, except a recreational vessel as defined in this section.
Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring,
emitting, emptying or dumping.
Dive means to wholly or partially submerge one's body while equipped with a
mask or goggles, whether or not any type of underwater breathing apparatus is
used.
Floating structure means as defined in F.S. § 327.02.
Houseboat means as provided in F.S. § 337.02.
Idle speed/no wake means that a vessel cannot proceed at a speed greater than that
speed that is necessary to maintain steerage.
Live - aboard vessel:
(1) The term "live- aboard vessel" means as provided in F.S. § 327.02.
(2) Any vessel with a person living aboard and that is anchored, moored, or docked in
the same location for 72 consecutive hours is presumed to be a live - aboard vessel.
Lobster mini - season means the two -day sport season authorized by the state
pursuant to F.A.C. 68B- 24.005.
MAYOR MURPHY
Manager means the manager and/or management staff of the land based facility
authorized by separate resolution and/or agreement to operate, manage and maintain any
county mooring field.
Manmade water body means a water body that was created by excavation by
mechanical means under human control and shall include a canal, cut basin, or channel
where its edges or margins have subsequently been modified by natural forces.
(1) For the purposes of this chapter, such water bodies may have natural
components, for instance a channel or canal may have been dredged such
that the dredge material was used to create land on one side, but not the
other, thus leaving a relatively natural shoreline on the opposite side.
(2) Also for the purposes of this chapter, the manmade water body must have
"buildings," as defined in part II of this Code, along its shoreline to be
applicable. If buildings are not present on a given shoreline on the date of
adoption of the ordinance from which this section is derived, but such
buildings are constructed at a later date, then the ordinance from which
this section is derived becomes effective at that time.
Marine sanitation device means as defined in F.S. § 327.02.
Mobile pump -out vessel means any vessel capable of pumping out and receiving
human body wastes and other effluent contained in marine sanitation devices installed
aboard other vessels.
Mooring field means areas in and adjacent to the County installed mooring
systems, including designated anchoring areas. These areas may include both County and
State owned submerged lands, but shall exclude privately owned submerged lands. The
delineation, implementation and management of County mooring fields shall be approved
by the state.
Motorboat means as provided in F.S. § 327.02. This definition is synonymous
with the definition of motorized vessel.
Motorized vessel means any vessel that is propelled or powered by machinery and
that is capable of being used as a means of transportation on water.
No discharge zone means any of the areas located within State waters within the
boundaries of the Florida Keys National Marine Sanctuary, as identified in Federal
Register Notice 66:144, pp 38967 - 38969, promulgated on July 26, 2001, and as shown
in attachment A of the ordinance from which this section is derived.
Owner means as provided in F.S. § 327.02.
Person means an individual, partnership, firm, corporation, association, or other
entity, but does not include an individual on board a public vessel or the owner of a
public vessel.
3
MAYOR MURPHY
Public vessel means a vessel owned or a bareboat chartered and operated by the
United States, the State, the County, or by a foreign nation, except when such vessel is in
commerce.
Pump -out station means a facility that pumps or receives human body wastes and
other effluent out of marine sanitation device installed on board vessels.
Real property owner means any part owner, tenant in common, tenant in
partnership, joint tenant or tenant by the entirety, with legal or beneficial title to the
whole or to part of real property.
Recreational vessel means any vessel:
(1) Manufactured and used primarily for noncommercial purposes; or
(2) Leased, rented, or chartered to a person for the person's noncommercial
use.
Residential area means any area designated improved subdivision, suburban
residential or suburban residential limited, sparsely settled, urban residential, and urban
residential mobile home under the County land development regulations.
Seaworthy condition means that a vessel is in good condition and capable of the
use for which it was designed.
Sewage means human body wastes and wastes from toilets and other receptacles,
including approved marine sanitation devices (MSD) intended to receive or retain body
wastes, whether treated or raw.
Slow speed/minimum wake means that a vessel must be fully off plane and
completely settled into the water. It must not proceed at a speed greater than that which is
reasonable and prudent to avoid the creation of an excessive wake or other hazardous
condition under the existing circumstances. A vessel is not proceeding at a slow
speed/minimum wake when it is:
(1) Operating on a plane;
(2) In the process of coming off plane and settling into the water or coming up
onto a plane; or
(3) Operating at a speed that creates a wake that is unreasonable or
unnecessarily endangers other vessels.
Speargun means any device whether commercially manufactured or hand -made,
that is designed and constructed so as to be capable of forcefully discharging at great
velocity any spear or any similar projectile in a direction determined by the user thereof
for a distance greater than two feet (24 inches) whether or not such spear or projectile is
tethered to the firing apparatus or otherwise limited in its range. No distinction shall be
9
MAYOR MURPHY
made as to the mechanical construction or physical means used in such devices to create
the potential energy necessary to eject or fire such spear or similar projectiles.
Vessel means as provided in F.S. § 327.02.
Water -borne craft or structures subject to density allocation and wastewater
management requirements (water -borne craft) means and encompasses any of the
following definitions, houseboat, floating structures, live aboard vessel, and vessel as
defined in this chapter and F.S. § 327.02 when the object of such definitions is being
occupied in a manner that would be construed as either a residential or business purpose
that would normally require wastewater facilities. Such occupation, be it residential or
commercial in nature, could involve either long -term or short-term tenancies and
typically would involve occupancy including habitation, eating, sleeping, bathing, and or
a business functions where the occupant were aboard the water -borne craft for several
hours per day.
(1) Water -borne craft may as a matter of course occupy a dry slip, wet slip, or
mooring as defined in this chapter and exist in a marina, marine facility,
mooring field or other location within or on waters of this state as defined
in this chapter.
(2) Water -borne craft are subject to a density allocation commensurate with
the district it occupies and is to be calculated as the equivalent of one
density unit. Water -borne craft are subject to wastewater management
requirements as defined in this section and part II of this Code.
SECTION 2. Sec. 26 -96, Monroe County Code is hereby amended to read as follows:
Sec. 26 -96. Intent and purpose.
The intent and purpose of this article is to abate the destruction of property, deleterious
environmental effects, and criminal trespass that results from the close proximity of divers to
public and private property, as well as from the interactions and explorations by divers of docks,
piers, and bulkheads in search of spiny lobster during the lobster mini -season and commercial
lobster season Such activities constitute a public nuisance.
SECTION 3. Sec. 26 -98, Monroe County Code is hereby amended to read as follows:
Sec. 26 -98. Diving and snorkeling prohibited.
(a) It is a public nuisance and is unlawful for any person to dive or snorkel in any manmade
water body or marina, or within 300 feet of an improved residential or commercial
shoreline beginning three (3) days prior to the opening of f and during the entirety of the
lobster mini -season and for the first five (5) days of commercial lobster season A map
Fefleeting the boundar-ies of the prohibited aFeas shall be availaWe at the County
61
MAYOR MURPHY
(b) Nothing in this article shall prohibit diving incidental to vessel or dock maintenance
provided the diver performing the maintenance lawfully displays a diver down flag and
otherwise complies with the requirements of F.S. ch. 327.
SECTION 4. SEVERABILITY. If any portion of this ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 6. INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance
shall be included and incorporated into the Code of Ordinances of the County of Monroe,
Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform
to the uniform numbering system of the Code.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect as provided in section
125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of 9 2010.
Mayor
Mayor Pro Tem
Commissioner
Commissioner
Commissioner
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor /Chairperson
TO FORWi:
..... to j 1, PD,
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(b) Nothing in this article shall prohibit diving incidental to vessel or dock maintenance
provided the diver performing the maintenance lawfully displays a diver down flag and
otherwise complies with the requirements of F.S. ch. 327.
SECTION 4. SEVERABILITY. If any portion of this ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 6. INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance
shall be included and incorporated into the Code of Ordinances of the County of Monroe,
Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform
to the uniform numbering system of the Code.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect as provided in section
125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of 9 2010.
Mayor
Mayor Pro Tem
Commissioner
Commissioner
Commissioner
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor /Chairperson
TO FORWi:
..... to j 1, PD,
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15, 2010 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289 -2500
Joseph Haberman - 289 -2532
AGENDA ITEM WORDING: A public hearing to consider an Ordinance by the BOCC amending Monroe County
Code Section 101 -1, Definitions, and Section 130 -187, Maximum Height, to provide consistency between regulations
regarding height in the land development code and policies regarding height in the comprehensive plan and to provide
consistency between the definitions of height and grade in the land development code to clarify from where
measurements are to be taken.
ITEM BACKGROUND: Language regulating maximum height exists in both the Monroe County 2010
Comprehensive Plan and the Monroe County Code. Policy 101.4.24 of the comprehensive plan and §130-187 of the code
are in conflict, as §130-187 allows hotel or affordable housing structures to be constructed at heights greater than 35 feet.
As policies within the 2010 Comprehensive Plan supersede the regulations of the Monroe County Code, staff is
proposing to amend the text of § 130 -187 in order to be consistent with the superseding Policy 101.4.24.
Of relevance on how to measure maximum height, there are the definitions of height and grade as defined in Section 101-
1 of the Monroe County Code. The definition of grade is in conflict with the definition of height, as height is measured
from vertical distance between average grade of the site, yet the definition of grade states that measurements should be
undertaken from the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a
structure, or the crown or curb of the nearest road, whichever is higher. Removal of the term "average" from the
definition of height resolves this conflict.
Policy 101.4.24 provides language concerning exceptions to the maximum height standard. The definition of height with
Section 101 -1 also provides language concerning exceptions; however, the exceptions are not addressed or provided in
Section 130 -187. Duplicating the exception language into Section 130 -87 from the definition of height would resolve
this issue and conflict.
PREVIOUS RELEVANT BOCC ACTION:
At an earlier public hearing this year, the BOCC directed staff to amend the Monroe County Code to remove the language
allowing hotel and affordable housing structures to be constructed at heights greater than 35 feet in order to be consistent
with the 2010 Comprehensive Plan and to eliminate an inconsistency in the Monroe County Code of where the height
measurement is taken.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATIONS:
Staff recommends approval.
TOTAL COST: INDIRECT COST: _
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
BUDGETED: Yes No
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Principal Planner
Date: November 16, 2010
Subject: Proposed Ordinance to the Board of County Commissioners to amend Section
101 -1 of the Monroe County Code, Definitions, and Section 130 -187, Maximum
Height
Meeting: December 15, 2010
2 I REQUEST
3
4 The Planning & Environmental Resources Department is proposing amendments to the text
5 of §101 -1 and §130 -187 of the Monroe County Code, which concerns the County's
6 maximum height regulations.
7
8 II RELEVANT PRIOR COU NTY ACTIONS AND BACKGROUND INFORMATION:
9
10 Language regulating maximum height exists in both the Monroe County 2010
11 Comprehensive Plan and the Monroe County Land Development Code.
12
13 III REVIEW
14
15 Policy 10 1.4.24 of the Monroe County 2010 Comprehensive Plan and currently reads:
16
17 In order to preserve the existing community character and natural environment, Monroe
18 County shall limit the height of structures including landfills to 35 feet. Exceptions will
19 be allowed for appurtenances to buildings, transmission towers and other similar
20 structures.
21
22 § 130 -187 of the Monroe County Code currently reads:
23
24 No structure or building shall be developed that exceeds a maximum height of 35 feet.
25 Notwithstanding the provisions of this section, any hotel or affordable housing unit may
26 be developed to a height of three stories over parking or a maximum of 44 feet,
27 whichever is lower, measured from grade level, if constructed to meet wind load
28 resistances of 150 miles per hour and a binding commitment is signed that such facilities
29 will be used as official hurricane shelters in accordance with specifications of the county
Page 1 of 3
1 department of civil defense. Affordable housing structures exceeding 35 feet in height
2 must be allocated proportionately to low- and moderate - income households according to
3 identified demand.
4
5 Policy 101.4.24 and §130 -187 are in conflict, as §130 -187 allows hotel or affordable housing
6 structures to be constructed at heights greater than 35 feet. As policies within the Monroe
7 County Year 2010 Comprehensive Plan supersede the regulations of the Monroe County
8 Code, staff is proposing to amend the text of §130-187 in order to be consistent with the
9 superseding Policy 101.4.24.
10
11 Of relevance on how to measure maximum height, there are the definitions of height and
12 grade as set forth in § 101 -1 of the Monroe County Code:
13
14 Height is defined as "the vertical distance between average grade and the highest part of
15 any structure, including mechanical equipment, but excluding chimneys, spires and
16 steeples on structures used for institutional and public uses only, radio or television
17 antenna, flagpoles, solar apparatus, and utility poles. However, in no event shall any of
18 the exclusions enumerated in this section be construed to permit any habitable or usable
19 space to exceed the applicable height limitations. In the case of airport districts, the
20 height limitations therein shall be absolute and the exclusions enumerated in this section
21 shall not apply."
22
23 Grade is defined as "the highest natural elevation of the ground surface, prior to
24 construction, next to the proposed walls of a structure, or the crown or curb of the nearest
25 road, whichever is higher."
26
27 The definition of grade is in conflict with the definition of height, as height is measured from
28 vertical distance between average grade, yet the definition of grade states that measurements
29 should be undertaken from the highest natural elevation of the ground surface, prior to
30 construction, next to the proposed walls of a structure, or the crown or curb of the nearest
31 road, whichever is higher. Removal of the term "average" from the definition of height
32 would resolve this conflict.
33
34 In, addition as Policy 101.4.24 provides the following language concerning exceptions to the
35 maximum height standard: `Exceptions will be allowed for appurtenances to buildings,
36 transmission towers and other similar structures." The definition of height with §101 -1 also
37 provides language concerning exceptions: "...excluding chimneys, spires and steeples on
38 structures used for institutional and public uses only, radio or television antenna, flagpoles,
39 solar apparatus, and utility poles." However, the exceptions are not addressed or provided in
40 §130 -187.
41
42 This creates some confusion as it is not obvious to a person to refer to the definition of height
43 in another section of the Land Development Code to find what exceptions would be allowed.
44 Further, there is a conflict between regulations as §130 -187 does not provide any written
45 exceptions. It could be interpreted that most restrictive section of code applies and therefore
46 there are no exceptions, which was not intended by the superseding Policy 101.4.24.
Page 2 of 3
44 County Code as stated in the text of this staff report.
Page 3 of 3
^� 1
4$ F
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2010
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 101 -1, DEFINITIONS, AND
SECTION 130 -187, MAXIMUM HEIGHT; PROVIDING
CONSISTENCY BETWEEN REGULATIONS REGARDING
HEIGHT IN THE LAND DEVELOPMENT CODE AND
POLICIES REGARDING HEIGHT IN THE
COMPREHENSIVE PLAN; PROVIDING CONSISTENCY
BETWEEN THE DEFINITIONS OF HEIGHT AND GRADE
IN THE LAND DEVELOPMENT CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, language regulating maximum height exists in both the Monroe County
2010 Comprehensive Plan and the Monroe County Code, as set forth in Policy 10 1.4.24
of the Monroe County Year 2010 Comprehensive Plan and Sections 130 -187 and 101 -1
of the Monroe County Code; and
WHEREAS, Policy 101.4.24 and Section 130 -187 are in conflict, as Section 130 -187
allows hotel or affordable housing structures to be constructed at heights greater than 35
feet. As policies within the Monroe County Year 2010 Comprehensive Plan supersede
the regulations of the Monroe County Code, staff proposed to amend the text of Section
130 -187 in order to be consistent with the superseding Policy 101.4.24; and
WHEREAS, of relevance on how to measure maximum height, there are the definitions
of height and grade as defined in Section 101 -1 of the Monroe County Code; and
WHEREAS, the definition of grade is in conflict with the definition of height, as height
is measured from vertical distance between average grade, yet the definition of grade
states that measurements should be undertaken from the highest natural elevation of the
ground surface, prior to construction, next to the proposed walls of a structure, or the
crown or curb of the nearest road, whichever is higher. Removal of the term "average"
from the definition of height resolves this conflict; and
WHEREAS, Policy 101.4.24 provides language concerning exceptions to the maximum
height standard. The definition of height with Section 101 -1 also provides language
concerning exceptions; however, the exceptions are not addressed or provided in Section
130 -187. Duplicating the exception language into Section 130 -87 from the definition of
height would resolve this issue and conflict.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Section 130 -187 shall be amended as follows (deletions are skieken 0*80gh
and additions are underlined)
Sec. 130 -187. - Maximum height.
No structure or building shall be developed that exceeds a maximum
height of 35 feet. Exceptions will be allowed for chimneys; spires and/or
steeples on structures used for institutional and/or public uses only; radio
and/or television antenna, flagpoles; solar apparatus; utility poles and/or
transmission towers; and certain antenna supporting structures with
attached antenna and/or collocations as permitted in chapter 146. However
in no event shall any of the exclusions enumerated in this section be
construed to permit any habitable or usable space to exceed the maximum
height limitation. In the case of airport districts, the height limitations
therein shall be absolute and the exclusions enumerated in this section
shall not apply. Netwithstmdiag the pFwAsiens of this seetion, any hotel
level, if
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Section 2. Section 101 -1 shall be amended as follows (deletions are stFislea dff9uo and
additions are underlined)
Sec. 101 -1. — Definitions.
Height is defined as "the vertical distance between average grade and the
highest part of any structure, including mechanical equipment, but
excluding chimneys spires and/or steeples on structures used for
institutional and/or public uses only,;, radio and/ television antenna,
flagpoles-,I solar apparatus-,= and utility poles and/or transmission towers:
and certain antenna supporting structures with attached antenna and/or
collocations as permitted in chapter 146 However, in no event shall any of
the exclusions enumerated in this section be construed to permit any
habitable or usable space to exceed the applicable height limitations. In the
case of airport districts, the height limitations therein shall be absolute and
the exclusions enumerated in this section shall not apply.
Section 3. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section 4. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state, or County law, rule code or regulation, the
more restrictive shall apply.
Section 5. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs as required by F.S. 380.05
(11) and F.S. 380.0552(9).
Section 6. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall
not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 7. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and
shall be appropriately renumbered to conform to the uniform marking system of the Code.
Section 8. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , 2010.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Mayor
Mayor pro tem
Commissioner
Commissioner
Commissioner
Attest: DANNY L. KOLHAGE, CLERK
Deputy Clerk
L
Mayor
MOROE COON TTORNEY
AP PR VEDA ;:Oq
Date: p ,
mm
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION NO. P36 -10
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 101 -1, DEFINITIONS, AND
SECTION 130 -187, MAXIMUM HEIGHT; PROVIDING
CONSISTENCY BETWEEN REGULATIONS REGARDING
HEIGHT IN THE LAND DEVELOPMENT CODE AND
POLICIES REGARDING HEIGHT IN THE COMPREHENSIVE
PLAN; PROVIDING CONSISTENCY BETWEEN THE
DEFINITIONS OF HEIGHT AND GRADE IN THE LAND
DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT
OF COMMUNITY AFFAIRS AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, during a regularly scheduled public meeting held on October 19, 2010, the
Monroe County Planning Commission conducted a review and consideration of a request filed
by the Planning & Environmental Resources Department for a text amendments to §101 -1 and
§ 130 -187 of the Monroe County Code; and
WHEREAS, the Planning Commission was presented with the following documents and
other information relevant to the request, which by reference is hereby incorporated as part of the
record of said hearing:
1. Staff report prepared by Joseph Haberman, AICP, Monroe County Principal Planner,
dated October 7, 2010; and
2. Draft Ordinance; and
3. Development Review Committee Resolution No. DRC 10 -10; and
4. Sworn testimony of Monroe County Planning & Environmental Resources
Department staff; and
5. Sworn testimony of the general public; and
6. Advice and counsel of Susan Grimsley, Assistant County Attorney, and John Wolfe,
Planning Commission Counsel; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact:
Resolution P36 -10
File No. 2010 -091 Page 1 of 4
1. Language regulating maximum height exists in both the Monroe County 2010
Comprehensive Plan and the Monroe County Code, as set forth in Policy 101.4.24 of
the Monroe County Year 2010 Comprehensive Plan and Sections 130 -187 and 101 -1
of the Monroe County Code; and
2. Policy 101.4.24 and Section 130 -187 are in conflict, as Section 130 -187 allows hotel
or affordable housing structures to be constructed at heights greater than 35 feet. As
policies within the Monroe County Year 2010 Comprehensive Plan supersede the
regulations of the Monroe County Code, staff proposed to amend the text of Section
130 -187 in order to be consistent with the superseding Policy 101.4.24; and
3. Of relevance on how to measure maximum height, there are the definitions of height
and grade as defined in Section 101 -1; and
4. The definition of grade is in conflict with the definition of height, as height is
measured from vertical distance between average grade, yet the definition of grade
states that measurements should be undertaken from the highest natural elevation of
the ground surface, prior to construction, next to the proposed walls of a structure, or
the crown or curb of the nearest road, whichever is higher. Removal of the term
"average" from the definition of height resolves this conflict; and
5. Policy 101.4.24 provides language concerning exceptions to the maximum height
standard. The definition of height with Section 101 -1 also provides language
concerning exceptions; however, the exceptions are not addressed or provided in
Section 130 -187. Duplicating the exception language into Section 130 -87 from the
definition of height would resolve this issue and conflict; and
6. Text amendments to the Monroe County Code shall not be inconsistent with the
provisions and intent of the Monroe County Year 2010 Comprehensive Plan; and
7. §102- 158(d)(5)(b) of the Monroe County Code provides the provisions that must be
met for a text amendment:
1. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based; and/or
2. Changed assumptions (e.g., regarding demographic trends); and/or
3. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan; and/or
4. New issues; and/or
5. Recognition of a need for additional detail or comprehensiveness; and
8. Text amendments to the Monroe County Code shall not be inconsistent with the
Principles for Guiding Development in the Florida Keys Area of Critical State
Concern; and
Resolution P36 -10
File No. 2010 -091 Page 2 of 4
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Conclusions of Law:
1. The proposed text amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan:
a. Policy 101.4.24 of the Monroe County 2010 Comprehensive Plan and currently
states: In order to preserve the existing community character and natural
environment, Monroe County shall limit the height of structures including
landfills to 35 feet. Exceptions will be allowed for appurtenances to buildings,
transmission towers and other similar structures; and
2. The proposed text amendment is consistent with the provisions and intent of the
Monroe County Code:
a. The proposed text amendment meets all of the standards for text amendments as
set forth in §102- 158(d)(5)(b) of the Monroe County Code, specifically 5.
Recognition of a need for additional detail or comprehensiveness; and
3. The proposed text amendment is not inconsistent with any of the Principles for
Guiding Development in the Florida Keys Area of Critical State Concern; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to recommend approval to the Board of County Commissioners the
following text amendment:
(Deletions are and additions are underlined
See. 130 -187. - Maximum height.
No structure or building shall be developed that exceeds a maximum height of 35
feet. Exceptions will be allowed for chimneys; spires and/or steeples on
structures used for institutional and/or public uses only, radio and/or television
antenna, flagpoles, solar apparatus-, utilily poles and/or transmission towers; and
certain antenna supporting; structures with attached antenna and/or collocations as
permitted in chapter 146. However, in no event shall any of the exclusions
enumerated in this section be construed to permit any habitable or usable space to
exceed the maximum height limitation. In the case of airport districts the height
limitations therein shall be absolute and the exclusions enumerated in this section
shall not apply. 1 114 – ...:..t,..w–di— +U,
w
Resolution P36 -10
File No. 2010 -091 Page 3 of 4
Sec. 101 -1. — Definitions.
Height is defined as "the vertical distance between aweMe grade and the highest
part of any structure, including mechanical equipment, but excluding chimneys
spires and/or steeples on structures used for institutional and/or public uses only
radio and/ television antenna, flagpoles solar apparatus aad utility poles
and/or transmission towers, and certain antenna supporting structures with
attached antenna and/or collocations as permitted in chapter 146 However, in no
event shall any of the exclusions enumerated in this section be construed to permit
any habitable or usable space to exceed the applicable height limitations. In the
case of airport districts, the height limitations therein shall be absolute and the
exclusions enumerated in this section shall not apply.
PASSED AND ADOPTED BY THE PLANNING COMNIISSION of Monroe County,
Florida, at a regular meeting held on the 19'' of October, 2010.
Chair Wall YES
Vice Chair Cameron YES
Commissioner Hale YES
Commissioner Lustberg YES
Commission Werling YES
PLANNING COMMIS�SjIOR OF MONROE O TY, FLORIDA
If
IM
FBI
Signed this 7 day of , 2010.
IBY PROV AS TO FORM
fi�1D ;FIST
7A iney's Office
Resolution P36-10
File No. 2010 -091 Page 4 of 4
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION NO. DRC 10-10
A RESOLUTION BY THE DIRECTOR OF PLANNING AND
ENVIRONMENTAL RESOURCES AND CHAIR OF THE
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
APPROVAL OF THE REQUEST BY THE PLANNING &
ENVIRONMENTAL RESOURCES DEPARTMENT FOR AN
ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 101 -1, DEFINITIONS, AND
SECTION 130 -187, MAXIMUM HEIGHT; PROVIDING
CONSISTENCY BETWEEN REGULATIONS REGARDING
HEIGHT IN THE LAND DEVELOPMENT CODE AND
POLICIES REGARDING HEIGHT IN THE COMPREHENSIVE
PLAN; PROVIDING CONSISTENCY BETWEEN THE
DEFINITIONS OF HEIGHT AND GRADE IN THE LAND
DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT
OF COMMUNITY AFFAIRS AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, during a regularly scheduled meeting held on September 7, 2010, the
Development Review Committee (DRC) of Monroe County conducted a review and
consideration of a request filed by the Planning & Environmental Resources Department for text
amendments to § 101 -1 and § 130 -187 of the Monroe County Code; and
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee found:
The proposed text amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan:
a. Policy 101.4.24 of the Monroe County 2010 Comprehensive Plan and currently
states: In order to preserve the existing community character and natural
Resolution DRC 10 -10
File No. 2010 -091 Page I of 3
environment, Monroe County shall limit the height of structures including
landfills to 35 feet. Exceptions will be allowed for appurtenances to buildings,
transmission towers and other similar structures; and
2. The proposed text amendment is consistent with the provisions and intent of the
Monroe County Code:
a. The proposed text amendment meets all of the standards for text amendments as
set forth in §102- 158(dx5)(b) of the Monroe County Code, specifically 5.
Recognition of a need for additional detail or comprehensiveness; and
3. The proposed text amendment is not inconsistent with any of the Principles for
Guiding Development in the Florida Keys Area of Critical State Concern; and
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the
September 2, 2010 staff report and discussed at the September 7, 2010 meeting supports its
decision to recommend approval to the Board of County Commissioners the following text
amendment:
(Deletions are StFiekeffl. and additions are underlined
Section 130 -187 shall be amended as follows:
No structure or building shall be developed that exceeds a maximum height of 35
feet. Exceptions will be allowed for chimneys, and/or steeples on
structures used for institutional and/or public uses only, and/or television
antenna, flagpoles; solar apparatus• utility poles and/or transmission towers,
certain antenna supporting structures with attached antenna and/or collocations as
permitted in chapter 146. However, in no event shall any of the exclusions
enumerated in this section be construed to permit any habitable or usable s ce to
exceed the maximum height limitation In the case of airport districts the height
limitations therein shall be absolute and the exclusions enumerated in this section
shall not aDDly.
Resolution DC 10-10
File No. 2010-091 Page 2 of 3
in aeeer4anee-widh.
Resolution DC 10-10
File No. 2010-091 Page 2 of 3
Section 101 -1 shall be amended as follows:
Height is defined as "the vertical distance between avem p grade and the highest
part of any structure, including mechanical equipment, but excluding chimneys,;
spires and/or steeples on structures used for institutional and/gl public uses only
radio and/ television antenna, flagpoles,; solar apparatus-,; and utility poles
and/or transmission towers, certain antenna supporting structures with
attached antenna and/or collocations as permitted in chanter 146 However, in no
event shall any of the exclusions enumerated in this section be construed to permit
any habitable or usable space to exceed the applicable height limitations. In the
case of airport districts, the height limitations therein shall be absolute and the
exclusions enumerated in this section shall not apply.
Date
owns ey Sc ,
Senior Dire" o of Planning & Environmental Resources
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
and in the County aforesaid, to take acknowledgments, personally appeared Townsley Schwab, to
me known to be the person described in and who executed the foregoing instrument and she
acknowledged before me the she executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this /,I -1k- day of
2 2010.
NOTARY PUBLIC, STATE OF
+ ANDREA GAIL CREECH
MY COMMISSION # 00623365
EXPIRES Demmber 18, 2010
1407 15 -} FW48NOWY36 k:l OOM
Resolution DRC 10 -10
File No. 2010 -091 Page 3 of 3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15, 2010 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289 -2517
Joseph Haberman - 289 -2532
AGENDA ITEM WORDING: First of two required public hearings to consider an Ordinance amending Monroe
County Code Section 130 -92(a) to amend the permitted uses in the Recreational Vehicle (RV) land use district to allow
vacation rental uses of nonconforming dwelling units and to clarify language regarding employee housing, commercial
apartments and accessory uses.
ITEM BACKGROUND: Monroe County currently has 11 Recreational Vehicle (RV) land use districts. The purpose
of the RV district is to establish areas suitable for the development of destination resorts for recreational vehicles and
other types of transient units. Vacation rental use would be consistent and compatible with the types of transient uses
already permitted in the RV district (RV and hotel) and therefore have a little to no impact on the current uses permitted
in the RV district.
As set forth in Section 130 -92 of the Monroe County Code, market -rate, permanent residential dwelling units are not
permitted in the RV district. However, some market -rate permanent residential dwelling units were established prior to
the September 15, 1986 adoption of the current land development regulations and are lawfully nonconforming. Other
districts allow nonconforming market -rate, permanent residential dwelling units to be used as vacation rentals as
permitted in Section 134 -1 of the Monroe County Code. Vacation rental uses are defined as an attached or detached
dwelling unit that is rented, leased or assigned for tenancies of less than 28 days duration. Vacation rental uses do not
include hotels, motels, and RV spaces.
In addition, this amendment would permit limited commercial apartments and/or employee housing. As set forth in
Section 130- 92(a)(3) of the Monroe County Code, accessory uses, including permanent owner /employee residential
dwelling units are permitted in the Recreational Vehicle (RV). The term "permanent owner /employee residential
dwelling unit" is not defined in the Monroe County Code and permanent housing is not considered a type of accessory
use per the definition of accessory use in Section 101 -1 of the Monroe County Code. This language needs to be clarified
and made consistent with the existing use definitions, as well as the permitted use regulations of other land use districts.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATIONS:
Staff recommends approval.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No _
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
REVENUE PRODUCING: Yes _ No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
mill ((rtrt 1f1II t
t 4 t �4, ,,
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
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From: Joseph Haberman, AICP, Principal Planner
Date: November 16, 2010
Subject: Proposed Ordinance to the Board of County Commissioners to amend Section
130 -92(a) of the Monroe County Code, Permitted uses in the Recreation Vehicle
District
Meeting: December 15, 2010
I REQUEST
The Planning & Environmental Resources Department is proposing amendments to the text
of §130 -92(a) of the Monroe County Code (MCC). The purpose of the proposed amendment
is to clarify language regarding employee housing, commercial apartments and accessory
uses and to allow vacation rental uses of nonconforming detached and attached dwelling
units, if a special vacation rental permit is obtained under the regulations established in MCC
§134-1.
II REVIEW
Monroe County currently has 11 Recreational Vehicle (RV) districts. The purpose of the RV
district is to establish areas suitable for the development of destination resorts for recreational
vehicles and other transient units. A vacation rental use would be consistent and compatible
with a type of transient use and therefore have a little to no impact on the current uses of these
districts.
New market -rate, permanent residential dwelling units are not permitted in the RV district.
However, some market -rate, permanent residential dwelling units were established prior to the
adoption of the current regulations and are lawfully nonconforming. Therefore, some RV
districts contain a relatively small number of these nonconforming dwelling units. Staff has
found that vacation rental uses are compatible with the purpose and other permitted uses in the
RV district. This text amendment will provide consistency with other districts, such as the
Suburban Commercial (SC) district, by allowing such nonconforming dwelling units to be used
as vacation rentals as outlined in MCC §134 -1. Vacation rental uses are defined as an attached
or detached dwelling unit that is rented, leased or assigned for tenancies of less than 28 days
duration.
Page 1 of 3
Page 2 of 3
1 (4)(7) Collocations on existing antenna- supporting structures, pursuant to section 146 -5(3)
2 "Collocations on existing supporting structure "; and
3 f 33(x} Satellite earth stations less than two meters in diameter, as accessory uses, pursuant
4 to section 146 -5(6) "Satellite earth stations."
5
6 III RECOMMENDATION
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Staff has found that the proposed text amendment would be consistent with the provisions of
MCC §102- 158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from
those on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
demographic trends); 3. Data errors, including errors in mapping, vegetative types and
natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that
the proposed text amendments are necessary due to recognition of a need for additional detail
or comprehensiveness.
Staff recommends that the Board of County Commissioners amend the Monroe County Code
as stated in the text of this staff report.
Page 3 of 3
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2010
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 130- 92(A), RECREATION
VEHICLE DISTRICT, TO AMEND THE AS -OF -RIGHT
PERMITTED USES IN THE RECREATIONAL VEHICLE
(RV) LAND USE DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Monroe County currently has 11 Recreational Vehicle (RV) districts; and
WHEREAS, the purpose of the Recreational Vehicle (RV) district is to establish areas
suitable for the development of destination resorts for recreational vehicles and other
transient units. A vacation rental use would be consistent and compatible with a type of
transient use and therefore have a little to no impact on the current uses of these districts;
and
WHEREAS, as set forth in Section 130 -92 of the Monroe County Code, market -rate,
permanent residential dwelling units are not permitted in the Recreational Vehicle (RV)
district; however, some market -rate permanent residential dwelling units were established
prior to the September 15, 1986 adoption of the current land development regulations and
are lawfully nonconforming; and
WHEREAS, other districts allow nonconforming market -rate, permanent residential
dwelling units to be used as vacation rentals as permitted in Section 134 -1 of the Monroe
County Code. Vacation rental uses are defined as an attached or detached dwelling unit
that is rented, leased or assigned for tenancies of less than 28 days duration. Vacation
rental uses do not include hotels, motels, and RV spaces; and
WHEREAS, as set forth in Section 130- 92(a)(3) of the Monroe County Code, accessory
uses, including permanent owner /employee residential dwelling units are permitted in the
Recreational Vehicle (RV); and
WHEREAS, the term "permanent owner /employee residential dwelling unit" is not
defined in the Monroe County Code; and
WHEREAS, permanent housing is not considered a type of accessory use per the
definition of accessory use in Section 101 -1 of the Monroe County Code; and
WHEREAS, the text amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan. The Recreational Vehicle (RV) district
designation corresponds to the future land use map designation of Mixed Use /
Commercial (MC), as set forth in Policy 101.4.21. Vacation rental use would be
consistent with Policy 101.4.5, which states the principal purpose of the Mixed Use /
Commercial (MC) future land use category; and
WHEREAS, the text amendment is consistent with the provisions and intent of the
Monroe County Code: a) Vacation rental use would be consistent with §130-42 of the
Monroe County Code, the purpose of the Recreational Vehicle (RV) district and b) the
proposed text amendment meets all of the standards for text amendments as set forth in
Section 102- 158(d)(5)(b) of the Monroe County Code, specifically 5. Recognition of a
need for additional detail or comprehensiveness; and
WHEREAS, the text amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Section 130 -92(a) shall be amended as follows (deletions are str -islen direugh
and additions are underlined
(a) The following uses are permitted as of right in the recreational vehicle district:
(1) Recreational vehicle spaces. RV spaces are intended for use by traveling
recreational vehicles. RV spaces may be leased, rented or occupied by a specific,
individual recreational vehicle, for a term of less than 28 days, but placement of a
specific, individual recreational vehicle (regardless of vehicle type or size) within a
particular RV park for occupancies or tenancies of six months or more is prohibited.
Recreational vehicles may be stored, but not occupied, for periods of six months or
greater only in an approved RV storage area (designated on a site plan approved by
the director of planning) or in another appropriate district that allows storage of
recreational vehicles. RV storage areas must meet all land development regulations,
floodplain management regulations and building code requirements for storage of
recreational vehicles...;
(2) Commercial retail uses of less than 2,500 square feet of floor area; and
(3) Accessory usesi,
units. No more than one permanent Fesidenfial wtit pef 4�e RV spaees up to We.n.
(4) Commercial apartments. However, there shall be no more than one commercial
apartment unit per three RV spaces up to ten percent of total spaces allowed or in
existence;
(5) Attached and unattached residential dwellings, designated as employee housing
as provided for in section 130 -161. However, there shall be no more than one
employee housing unit per three RV spaces up to ten percent of total spaces
allowed or in existence;
(6) Vacation rental use of nonconforming detached and attached dwelling units if
a special vacation rental permit is obtained where necessary under the regulations
established in section 134 -1:
(4)`) Collocations on existing antenna - supporting structures, pursuant to section
146 -5(3) "Collocations on existing supporting structure "; and
(5)() Satellite earth stations less than two meters in diameter, as accessory uses,
pursuant to section 146 -5(6) "Satellite earth stations."
Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state, or County law, rule code or regulation, the
more restrictive shall apply.
Section 4. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs as required by F.S. 380.05
(11) and F.S. 380.0552(9).
Section 5. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall
not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 6. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform marking system of the Code.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , 2011.
Mayor Heather Carruthers
Mayor pro tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Sylvia Murphy
Attest: DANNY L. KOLHAGE, CLERK
Deputy Clerk
Mayor Heather Carruthers
r rA
i
�a Y
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION NO. DRC 09 -10
A RESOLUTION BY THE DIRECTOR OF PLANNING AND
ENVIRONMENTAL RESOURCES AND CHAIR OF THE
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
APPROVAL OF THE REQUEST BY THE PLANNING &
ENVIRONMENTAL RESOURCES DEPARTMENT FOR AN
ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 130- 92(A), RECREATION
VEHICLE DISTRICT, TO AMEND THE AS -OF -RIGHT
PERMITTED USES IN THE RECREATIONAL VEHICLE (RV)
LAND USE DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT
OF COMMUNITY AFFAIRS AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, during a regularly scheduled meeting held on May 11, 2010, the
Development Review Committee (DRC) of Monroe County conducted a review and
consideration of a request filed by the Planning & Environmental Resources Department for a
text amendment to § 130 -92(a) of the Monroe County Code; and
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee found:
1. The proposed text amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan:
a. The Recreational Vehicle (RV) district designation corresponds to the future land
use map designation of Mixed Use / Commercial (MC), as set forth in Policy
10 1.4.21 of the Monroe County Year 2010 Comprehensive Plan; and
Resolution DRC 09 -10
File No. 2010-045 Page 1 of 3
b. Vacation rental use would be consistent with Policy 101.4.5 of the Monroe
County Year 2010 Comprehensive Plan, which states the principal purpose of the
Mixed Use / Commercial (MC) future land use category; and
2. The proposed text amendment is consistent with the provisions and intent of the
Monroe County Code:
a. Vacation rental use would be consistent with §130 -42 of the Monroe County
Code, the purpose of the Recreational Vehicle (RV) district; and
b. The proposed text amendment meets all of the standards for text amendments as
set forth in §102- 158(d)(5)(b) of the Monroe County Code, specifically 5.
Recognition of a need for additional detail or comprehensiveness; and
3. The proposed text amendment is not inconsistent with any of the Principles for
Guiding Development in the Florida Keys Area of Critical State Concern; and
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the
April 26, 2010 staff report and discussed at the May 11, 2010 meeting supports its decision to
recommend approval to the Board of County Commissioners the following text amendment:
(Deletions are St-Fie -keno- and additions are underlined
Section 130 -92(a) shall be amended as follows:
(a) The following uses are permitted as of right in the recreational vehicle district:
(1) Recreational vehicle spaces. RV spaces are intended for use by traveling recreational
vehicles. RV spaces may be leased, rented or occupied by a specific, individual recreational
vehicle, for a term of less than 28 days, but placement of a specific, individual recreational
vehicle (regardless of vehicle type or size) within a particular RV park for occupancies or
tenancies of six months or more is prohibited. Recreational vehicles may be stored, but not
occupied, for periods of six months or greater only in an approved RV storage area
(designated on a site plan approved by the director of planning) or in another appropriate
district that allows storage of recreational vehicles. RV storage areas must meet all land
development regulations, floodplain management regulations and building code
requirements for storage of recreational vehicles.
(2) Commercial retail uses of less than 2,500 square feet of floor area; and
(3) Accessory
() Commercial apartments. No more than one commercial apartment unit per three RV
spaces up to ten percent of total spaces allowed or in existence:
(5) Attached and unattached residential dwellingsdesignated as employee housing
provided for in section 130 -161. No more than one employee housing unit per three RV
Resolution DRC 09 -10
File No. 2010 -045 Page 2 of 3
spaces up to ten percent of total spaces allowed or in existence,
L) Vacation rental use of nonconforming detached and attached dwelling units, if a gRg ial
vacation rental permit is obtained under the regulations established in section 134 -1:
(4)(7) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3)
"Collocations on existing supporting structure"; and
(-S)U8�J Satellite earth stations less than two meters in diameter, as accessory uses, pursuant
to section 146 -5(6) "Satellite earth stations,
Date
Senior
of Planning & Environmental Resources
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
and in the County aforesaid, to take acknowledgments, personally appeared Townsley Schwab, to
me known to be the person described in and who executed the foregoing instrument and she
acknowledged before me the she executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this -L6day of
2010.
NOTARY PUBLIC, STATE OF FLORIDA
ANDREA GAIL CREECH
MY COMMISSION # D0623M
EXPIRES December 16, 2010
jai ssa JO `"
Resolution DRC 09 -10
File No. 2010 -045 Page 3 of 3
MONROE COUNTY, FLORIDA
PLANNING COMNIISSION RESOLUTION NO. P33 -10
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF THE
REQUEST BY THE PLANNING & ENVIRONMENTAL
RESOURCES DEPARTMENT FOR ORDINANCE BY THE
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AMENDING MONROE COUNTY CODE SECTION 130- 92(A),
RECREATION VEHICLE DISTRICT, TO AMEND THE AS-
OF -RIGHT PERMITTED USES IN THE RECREATIONAL
VEHICLE (RV) LAND USE DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS AND THE SECRETARY OF STATE; PROVIDING
FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, during a regularly scheduled public meeting held on July 28, 2010, the
Monroe County Planning Commission conducted a review and consideration of a request filed
by the Planning & Environmental Resources Department for a text amendment to § 130 -92(a) of
the Monroe County Code; and
WHEREAS, the Planning Commission was presented with the following documents and
other information relevant to the request, which by reference is hereby incorporated as part of the
record of said hearing:
1. Staff report prepared by Bill Harbert, Monroe County Planner, dated June 22, 2010;
and
2. Draft Ordinance; and
3. Sworn testimony of Monroe County Planning & Environmental Resources
Department staff; and
4. Sworn testimony of the general public; and
5. Advice and counsel of Susan Grimsley, Assistant County Attorney, and John Wolfe,
Planning Commission Counsel; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact:
Resolution P33 -10
File No. 2010 -045 Page t of 4
1. Currently, there are I I Recreational Vehicle (RV) districts in unincorporated Monroe
County; and
2. As set forth in § 130 -92 of the Monroe County Code, market -rate, permanent
residential dwelling units are not permitted in the Recreational Vehicle (RV) district.
However, some market -rate permanent residential dwelling units were established
prior to the September 15, 1986 adoption of the current land development regulations;
and
3. This text amendment will provide consistency with other districts by allowing
nonconforming market -rate, permanent residential dwelling units to be used as
vacation rentals as permitted in §134 -1 of the Monroe County Code. Vacation rental
uses are defined as an attached or detached dwelling unit that is rented, leased or
assigned for tenancies of less than 28 days duration. Vacation rental uses do not
include hotels, motels, and RV spaces; and
4. Pursuant to §130 -42 of the Monroe County Code, the purpose of the Recreational
Vehicle (RV) district is to establish areas suitable for the development of destination
resorts for recreational vehicles and other transient units such as seasonal residential
units; and
5. Asset forth in §130- 92(a)(3) of the Monroe County Code, accessory uses, including
permanent owner /employee residential dwelling units are permitted in the
Recreational Vehicle (RV); and
6. The term "permanent owner /employee residential dwelling unit" is not defined in the
Monroe County Code; and
7. Permanent housing is not considered a type of accessory use per the definition of
accessory use in § 101 -1 of the Monroe County Code; and
8. §102- 158(d)(5)(b) of the Monroe County Code provides the provisions that must be
met for a text amendment:
1. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based; and/or
2. Changed assumptions (e.g., regarding demographic trends); and/or
3. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan; and/or
4. New issues; and/or
5. Recognition of a need for additional detail or comprehensiveness; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Conclusions of Law:
Resolution P33 -10
File No. 2010 -045 Page 2 of 4
1. The proposed text amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan; and
a. The Recreational Vehicle (RV) district designation corresponds to the future land
use map designation of Mixed Use / Commercial (MC), as set forth in Policy
10 1.4.21 of the Monroe County Year 2010 Comprehensive Plan; and
b. Vacation rental use would be consistent with Policy 101.4.5 of the Monroe
County Year 2010 Comprehensive Plan, which states the principal purpose of the
Mixed Use / Commercial (MC) future land use category; and
2. The proposed text amendment is consistent with the provisions and intent of the
Monroe County Code:
a. Vacation rental use would be consistent with §130 -42 of the Monroe County
Code, the purpose of the Recreational Vehicle (RV) district; and
b. The proposed text amendment meets all of the standards for text amendments as
set forth in §102- 158(d)(5)(b) of the Monroe County Code, specifically 5.
Recognition of a need for additional detail or comprehensiveness; and
3. The proposed text amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to recommend approval to the Board of County Commissioners the
following text amendment:
(Deletions are st6elfen thpo and additions are underlined
Section 130 -92(a) shall be amended as follows:
(a) The following uses are permitted as of right in the recreational vehicle district:
(1) Recreational vehicle spaces. RV spaces are intended for use by traveling recreational
vehicles. RV spaces may be leased, rented or occupied by a specific, individual recreational
vehicle, for a term of less than 28 days, but placement of a specific, individual recreational
vehicle (regardless of vehicle type or size) within a particular RV park for occupancies or
tenancies of six months or more is prohibited. Recreational vehicles may be stored, but not
occupied, for periods of six months or greater only in an approved RV storage area
(designated on a site plan approved by the director of planning) or in another appropriate
district that allows storage of recreational vehicles. RV storage areas must meet all land
development regulations, floodplain management regulations and building code
requirements for storage of recreational vehicles,;
(2) Commercial retail uses of less than 2,500 square feet of floor area; and
Resolution P33 -10
File No. 2010 -045 Page 3 of 4
(3) Accessory uses;, '
(4) Commercial apartments. Ho ever. t-here-sball bc no more than one commercial
gpartment unit per three RV spaces uv to ten percent of total spaces allowed or in existence:
(5) Attached and unattached residential dwellings, designated as employee housing as
provided for in section 130 -161. However, there shall be no more than one employee
housing unit per three RV spaces up to ten percent of total spaces allowed or in existence;
(6) Vacation rental use of nonconforming detached and attached dwelling units, if a special
vacation rental permit is obtained where necessary under the regulations established in
section 134 -1;
(4)0 Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3)
"Collocations on existing supporting structure'; and
Satellite earth stations less than two meters in diameter, as accessory uses, pursuant
to section 146 -5(6) "Satellite earth stations."
PASSED AND ADOPTED BY THE PLANNING COMNUSSION of Monroe County,
Florida, at a regular meeting held on the 28 of July, 2010.
Chair Wall YES
Vice Chair Cameron YES
Commissioner Hale YES
Commissioner I.Astberg YES
Commissionererling YES
PLANNING COMMI, SI F MONROE COijlgTY, FLORIDA
Randolph D. Wa� Chair--/
Signed this day of 0 G . o z ' 2010.
APPROVED AS TO FORM
A.ND L 1;C C N
By
t�nicy's Office
Resolution P33 -10
File No. 2010-045 Page 4 of 4